January 11, 2012





HOUSE BILL No. 1065

_____


DIGEST OF HB 1065 (Updated January 11, 2012 12:02 pm - DI 107)



Citations Affected: IC 31-14; IC 31-17.

Synopsis: Military custody and parenting time matters. Requires a court, upon motion by a parent who has received military temporary duty, deployment, or mobilization orders: (1) to hold, upon good cause shown, an expedited hearing in determining or modifying custody or parenting time; and (2) to allow, with reasonable notice and good cause shown, a parent to present testimony and evidence by certain electronic means in a custody or parenting time proceeding; if the military duties of a parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time. Allows a court, upon motion by a parent who has received military deployment orders, to delegate the parent's parenting time, or a part of the parent's parenting time, during the time that the parent is deployed to a person who has a close and substantial relationship with the parent's child if the court determines delegating the time is in the best interests of the child. Provides that an order delegating parenting time automatically terminates after the parent returns from deployment. Allows the court to terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.

Effective: July 1, 2012.





Borders




    January 9, 2012, read first time and referred to Committee on Family, Children and Human Affairs.
    January 11, 2012, reported _ Do Pass.






January 11, 2012

Second Regular Session 117th General Assembly (2012)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1065



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 31-14-13-6.1; (12)HB1065.1.1. -->     SECTION 1. IC 31-14-13-6.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 6.1. (a) Upon the motion of a parent who has received military deployment orders, the court may delegate the parent's parenting time, or a part of the parent's parenting time, during the time the parent is deployed to a person who has a close and substantial relationship with the parent's child if the court finds that delegating the parent's parenting time is in the best interests of the child.
     (b) If a court delegates parenting time under subsection (a), the order delegating parenting time automatically terminates after the parent returns from deployment.
    (c) A court may terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.

SOURCE: IC 31-14-13-6.2; (12)HB1065.1.2. -->     SECTION 2. IC 31-14-13-6.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2012]: Sec. 6.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, for good cause shown, hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.
     (b) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, with reasonable notice and good cause shown, allow the parent to present testimony and evidence by:
        (1) telephone;
        (2) video teleconference;
        (3) Internet; or
        (4) other electronic means approved by the court;
in a custody or parenting time proceeding if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.

SOURCE: IC 31-17-2-21.1; (12)HB1065.1.3. -->     SECTION 3. IC 31-17-2-21.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21.1. (a) Upon a motion of a parent who has received military deployment orders, the court may delegate the parent's parenting time, or a part of the parent's parenting time, during the time the parent is deployed to a person who has a close and substantial relationship with the parent's child if the court finds that delegating the parent's parenting time is in the best interests of the child.
     (b) If a court delegates parenting time under subsection (a), the order delegating parenting time automatically terminates after the parent returns from deployment.
    (c) A court may terminate an order delegating parenting time if the court determines that the delegated parenting time is no longer in the best interests of the child.

SOURCE: IC 31-17-2-21.2; (12)HB1065.1.4. -->     SECTION 4. IC 31-17-2-21.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 21.2. (a) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, for good cause shown, hold an expedited hearing to determine or modify the custody of a child or parenting time with a child if the military duties of the parent have a material effect on the parent's ability to appear in person at a

regularly scheduled hearing concerning custody or parenting time.
     (b) Upon a motion of a parent who has received military temporary duty, deployment, or mobilization orders, the court shall, with reasonable notice and good cause shown, allow the parent to present testimony and evidence by:
        (1) telephone;
        (2) video teleconference;
        (3) Internet; or
        (4) other electronic means approved by the court;
in a custody or parenting time proceeding if the military duties of the parent have a material effect on the parent's ability to appear in person at a regularly scheduled hearing concerning custody or parenting time.